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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Alcoholic Beverage Control Act regarding consumer
10 purchasing.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ creates the Division of Consumer Purchasing (division) within the Department of
15 Alcoholic Beverage Control;
16 ▸ moves the wine subscription program under the administration of the division;
17 ▸ requires the division to establish a consumer purchasing system;
18 ▸ outlines the parameters of the consumer purchasing system; and
19 ▸ grants the Alcoholic Beverage Control Commission rulemaking authority.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 32B-2-701, as enacted by Laws of Utah 2020, Chapter 178
27 32B-2-702, as enacted by Laws of Utah 2020, Chapter 178
28 32B-2-703, as enacted by Laws of Utah 2020, Chapter 178
29 ENACTS:
30 32B-2-212, Utah Code Annotated 1953
31 32B-2-801, Utah Code Annotated 1953
32 32B-2-802, Utah Code Annotated 1953
33 32B-2-803, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 32B-2-212 is enacted to read:
37 32B-2-212. Division of Consumer Purchasing.
38 There is created with the department the Division of Consumer Purchasing to establish
39 and administer:
40 (1) the wine subscription program described in Part 7, Wine Subscription Program; and
41 (2) the consumer purchasing system described in Part 8, Consumer Purchasing System.
42 Section 2. Section 32B-2-701 is amended to read:
43 32B-2-701. Definitions.
44 As used in this part:
45 (1) "Division" means the Division of Consumer Purchasing created in Section
46 32B-2-212.
47 (2) "Subscriber" means an individual who subscribes to a wine subscription as
48 described in Subsection 32B-2-702(2).
49 [
50 Section 32B-2-702.
51 [
52 recurring price at regular intervals for a product that involves the shipment or transportation of
53 wine.
54 [
55 (a) sells or offers for sale a wine subscription; and
56 (b) contracts with the department to participate in the subscription program.
57 Section 3. Section 32B-2-702 is amended to read:
58 32B-2-702. Wine subscription program.
59 (1) The [
60 program as described in this part.
61 (2) The subscription program shall permit an individual to subscribe to a wine
62 subscription that a wine subscription business sells or offers for sale by:
63 (a) enrolling in the wine subscription program in a manner the [
64 prescribes;
65 (b) authorizing the [
66 individual's name;
67 (c) paying the [
68 (i) the price of the wine subscription;
69 (ii) in addition to any tax, the markup described in Subsection 32B-2-304(4); and
70 (iii) a fee the [
71 32B-2-703(1); and
72 (d) designating the state store or package agency at which the individual would prefer
73 to collect the wine.
74 (3) The [
75 (a) designate by contract with a wine subscription business the department warehouse
76 to which the wine subscription business ships or transports wine under the subscription
77 program;
78 (b) deliver wine purchased through the subscription program to the appropriate state
79 store or package agency; and
80 (c) notify a subscriber when wine purchased through the subscription program is ready
81 for the subscriber to collect from the state store or package agency described in Subsection
82 (3)(b).
83 Section 4. Section 32B-2-703 is amended to read:
84 32B-2-703. Fees -- Rulemaking.
85 (1) The [
86 (a) in accordance with Section 63J-1-504; and
87 (b) to cover costs to the [
88 program.
89 (2) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
90 Administrative Rulemaking Act, for the administration of this part, including rules designating
91 which package agencies may receive from the [
92 through the subscription program.
93 Section 5. Section 32B-2-801 is enacted to read:
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95 32B-2-801. Definitions.
96 As used in this part:
97 (1) "Consumer purchasing system" means the consumer purchasing system established
98 in Section 32B-2-802.
99 (2) "Division" means the Division of Consumer Purchasing created in Section
100 32B-2-212.
101 Section 6. Section 32B-2-802 is enacted to read:
102 32B-2-802. Consumer purchasing system.
103 (1) The division shall establish and administer a consumer purchasing system that:
104 (a) allows a person to:
105 (i) order an alcoholic product from an approved vendor through the division; and
106 (ii) pick up an alcoholic product ordered as described in Subsection (1)(a)(i) from a
107 state store or package agency; and
108 (b) requires a person ordering an alcoholic product as described in Subsection (1)(a) to,
109 at the time the order is made:
110 (i) designate a state store or package agency at which the person would prefer to collect
111 the alcoholic product; and
112 (ii) pay the division for the alcoholic product order in full, including:
113 (A) the cost of the alcoholic product; and
114 (B) in addition to any tax, the markup described in Section 32B-2-304.
115 (2) The division shall:
116 (a) ensure that an alcoholic product ordered through the consumer purchasing system is
117 shipped or transported to a department warehouse;
118 (b) deliver an alcoholic product ordered through the consumer purchasing system to the
119 appropriate state store or package agency;
120 (c) notify the person who ordered an alcoholic product through the consumer
121 purchasing system when the alcoholic product is ready for the person to collect; and
122 (d) administer the consumer purchasing system in a manner that:
123 (i) is efficient;
124 (ii) ensures timely delivery of alcoholic products; and
125 (iii) frequently updates a person who orders an alcoholic product through the consumer
126 purchasing system on the status of the order.
127 (3) The division may not require that a person order a specific quantity of an alcoholic
128 product that is:
129 (a) different than a quantity the vendor offers for sale; or
130 (b) larger than the smallest quantity the vendor offers for sale.
131 Section 7. Section 32B-2-803 is enacted to read:
132 32B-2-803. Rulemaking.
133 The commission may make rules in accordance with Title 63G, Chapter 3, Utah
134 Administrative Rulemaking Act, to carry out the provisions of this part.